ASHISH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) These are the applications of the respondent no.4 to recall the order passed by this Bench on 04.08.2011 in connection with marriage between petitioner nos. 1 and 2 and interference with their private life and to proceed under Section 340 of the Code of Criminal Procedure, 1973 (hereinafter in short called as ' Cr.P.C.'). Like few others, in this State also, even in 21st century so many factors are involved in connection with the life and security of the married couples. Casteism, religionism, 'honour' killings, forcible departure of the boy and girl from each other even by the parents or family members, threat, pressure and many other nature of transgress, infringes their life and personal liberty as guaranteed under Article 21 of the Constitution of India. As a result whereof, we have started believing that such actions are not in the garb of but in the wake of violation of Article 21.

(2.) This Court framed out a common order expressing its feelings, but only with a positive rider that where no First Information Report (hereinafter referred to as the 'FIR') has been lodged or inquiry or necessary police actions are taken by either of the parties, it is expected that no coercive action will be taken against the newly wedded couples, who are otherwise entitled to choose the better half to marry and settle. Even the Supreme Court has proceeded to the extent of justifying the cause of living together in the judgment (Gian Devi Vs. Supdt., Nari Niketan, Delhi, 1976 3 SCC 234), and held as under :

(3.) In (Lata Singh Vs. State of U.P and another, 2006 5 SCC 475) the Supreme Court has also held as follows :